[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5377 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5377

                   For the relief of John Castellano.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2002

  Ms. Harman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                   For the relief of John Castellano.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. GRANTING POSTHUMOUS CITIZENSHIP TO JOHN CASTELLANO.

    (a)  Authority of Attorney General.--Notwithstanding the 
Immigration and Nationality Act or any other provision of law, the 
Attorney General shall grant, in accordance with this Act, posthumous 
citizenship at the time of death to John Castellano, who died July 7, 
1937, if the Attorney General approves an application for posthumous 
citizenship under subsection (b).
    (b) Request for Posthumous Citizenship.--A request for the granting 
of posthumous citizenship to the individual referred to in subsection 
(a) may be filed on behalf of the individual only by the next-of-kin 
(as determined by the Attorney General) or another representative (as 
determined by the Attorney General). The Attorney General shall approve 
such a request respecting the individual referred to in subsection (a) 
if the request is filed not later than 2 years after the date of the 
enactment of this Act and the Attorney General finds that the 
individual satisfied the requirements of subsection (c).
    (c) Criteria for Granting of Posthumous Citizenship.--The 
requirements referred to in subsection (b) are that the individual 
referred to in subsection (a) is a person who, while an alien or a 
noncitizen national of the United States served honorably in an active-
duty status in the military, air, or naval forces of the United States 
during any period described in the first sentence of section 329(a) of 
the Immigration and Nationality Act (8 U.S.C. 1440(a)), and satisfied 
the requirements of clause (1) or (2) of the first sentence of section 
329(a). The executive department under which the person so served shall 
determine whether the individual satisfied the requirements of 
paragraphs (1) and (2).
    (d) Documentation of Posthumous Citizenship.--If the Attorney 
General approves such a request to grant the individual referred to in 
subsection (a) posthumous citizenship, the Attorney General shall send 
to the person who filed the request a suitable document which states 
that the United States considers the person to have been a citizen of 
the United States at the time of the individual's death.
    (e) No Benefits to Survivors.--Nothing in this Act shall be 
construed as providing for any benefits under this Act for any spouse, 
son, daughter, or other relative of a person granted posthumous 
citizenship under this section.
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